Wyoming Abandoned Mine Land Reclamation (AMLR) Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

Wyoming Abandoned Mine Land Reclamation (AMLR) Plan

agency: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

action: Proposed rule; public comment period and opportunity for public

hearing on proposed amendment.

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summary: OSM is announcing receipt of a proposed amendment to the

Wyoming AMLR plan (hereinafter, the ``Wyoming plan'') under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). The proposed

amendment consists of the addition of new provisions to the Wyoming

plan concerning noncoal lien authority and contractor eligibility. The

amendment is intended to incorporate the additional flexibility

afforded by SMCRA, as amended by the Omnibus Budget Reconciliation Act

of 1990, and to improve operational efficiency.

dates: Written comments must be received by 4:00 p.m., m.d.t., June 19,

1995. If requested, a public hearing on the proposed amendment will be

held on June 12, 1995. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., m.d.t., on June 2, 1995.

addresses: Written comments should be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the Wyoming plan, the proposed amendment, and all written

comments received in response to this document will be available for

public review at the addresses listed below during normal business

hours, Monday through Friday, excluding holidays. Each requester may

receive one free copy of the proposed amendment by contacting OSM's

Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining

Reclamation and Enforcement, 100 East B Street, Room 2128, Casper,

Wyoming 82601-1918.

Bill Garland, Department of Environmental Quality, Abandoned Mine Land

Division, Herschler Building, Third Floor West, 122 West 25th Street,

Cheyenne, Wyoming 82002, Telephone: (307) 777-6145.

for further information contact: Guy Padgett, Telephone: (307) 261-

5776.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming AMLR Plan

On February 14, 1983, the Secretary of the Interior approved the

Wyoming plan. Information pertaining to the general background,

revisions, and amendments to the initial plan submission, as well as

the Secretary's findings, the disposition of comments, and the approval

of the Wyoming plan can be found in the February 14, 1983, Federal

Register (48 FR 6536). Subsequent actions concerning Wyoming's plan and

plan amendments can be found at 30 CFR 950.30 and 950.35.

II. Proposed Amendment

By letter dated April 21, 1995 (administrative record No. WY-AML-

018-8), Wyoming submitted a proposed amendment to its AMLR plan

pursuant to SMCRA. Wyoming submitted the proposed amendment at its own

initiative to allow the implementation of two initiatives established

under Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508).

Wyoming proposes to revise its AMLR plan at Wyoming Statute (W.S.) 35-

11-1206 (a) and (b) to (1) authorize liens against privately-owned land

adversely affected by past coal or mineral mining practices, (2) limit

the amount of any lien to the cost of reclamation work or to the amount

determined by the appraisal to be the increase in the fair market value

of the land as a result of the restoration, reclamation, abatement,

control or prevention of the adverse effects of past coal or noncoal

mining practices, whichever is less, (3) allow the landowner to

petition the district court for the district in which most of the land

is located within 60 days of the filing of the lien to determine the

increase in the fair market value of the land, and (4) provide that the

amount reported to be the increase in the value of the land, but not

exceeding the cost of the reclamation work, shall constitute the amount

of the lien. Wyoming also proposes that the revisions to W.S. 35-11-

1206 (a) and (b) shall take effect on July 1, 1995.

Wyoming proposes to create W.S. 35-11-1209 to (1) prohibit the

issuance of contracts under the AMLR program to any construction

contractor or professional services contractor if any surface coal

mining and reclamation operation owned or controlled by the contractor

or any person who owns or controls the contractor has failed to pay its

coal reclamation fees or has other types of violations, (2) provide

that the term ``ownership or controlling interest'' means as defined in

the Federal regulations at 30 CFR 773.5, and (3) provide that the

Wyoming AMLR program will implement the provisions of this section for

all new contracts awarded after April 1, 1995.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 884.15(a) and

884.14(a), OSM is seeking comments on whether the proposed amendment

satisfies the applicable plan approval criteria of 30 CFR 884.14. If

the amendment is deemed adequate, it will become part of the Wyoming

plan.

1. Written Comments

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Casper Field Office will not

necessarily be considered in the final rulemaking or included in the

administrative record.

2. Public Hearing

Persons wishing to testify at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t.,

June 2, 1995. The location and time of the hearing will be arranged

with those persons requesting the hearing. Any disabled individual who

has need for a special accommodation to attend a public hearing should

contact the individual listed under FOR FURTHER

[[Page 26705]] INFORMATION CONTACT. If no one requests an opportunity

to testify at the public hearing, the hearing will not be held.

Filing of a written statement at the time of the hearing is

requested as it will greatly assist the transcriber. Submission of

written statements in advance of the hearing will allow OSM officials

to prepare adequate responses and appropriate questions.

The public hearing will continue on the specified date until all

persons scheduled to testify have been heard. Persons in the audience

who have not been scheduled to testify, and who wish to do so, will be

heard following those who have been scheduled. The hearing will end

after all persons scheduled to testify and persons present in the

audience who wish to testify have been heard.

3. Public Meeting

If only one person requests an opportunity to testify at a hearing,

a public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment may request a meeting by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each meeting

will be made a part of the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive order 12866 (Regulatory Planning and

Review).

2. Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (Civil Justice Reform) and has

determined that this rule meets the applicable standards of subsections

(a) and (b) of that section. However, these standards are not

applicable to the actual language of State AMLR plans and revisions

thereof since each such plan is drafted and promulgated by a specific

State, not by OSM. Decisions on proposed State AMLR plans and revisions

thereof submitted by a State are based on a determination of whether

the submittal meets the requirements of Title IV of SMCRA (30 U.S.C.

1231-1243) and the applicable Federal regulations at 30 CFR Parts 884

and 888.

3. National Environmental Policy Act

No environmental impact statement is required for this title since

agency decisions on proposed State AMLR plans and revisions thereof are

categorically excluded from compliance with the National Environmental

Policy Act (42 U.S.C. 4332) by the Manual of the Department of the

Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB under the Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The State submittal which is the subject of this rule is based upon

Federal regulations for which an economic analysis was prepared and

certification made that such regulations would not have a significant

economic effect upon a substantial number of small entities.

Accordingly, this rule will ensure that existing requirements

established by SMCRA or previously promulgated by OSM will be

implemented by the State. In making the determination as to whether

this rule would have a significant economic impact, the Department

relied upon the data and assumptions in the analyses for the

corresponding Federal regulations.

List of Subjects in 30 CFR Part 950

Intergovernmental relations, Surface mining, Underground mining.

Dated: May 12, 1995.

John Heider,

Acting Regional Director, Western Regional Coordinating Center.

[FR Doc. 95-12264 Filed 5-17-95; 8:45 am]

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